Race and Policing

Again and again the data show that people of color in the U.S. are disproportionately, and systematically, stopped, frisked, arrested, and exposed to the use of force by police. Police departments and communities across the U.S. are struggling with these realities and with what has become a glaring divide in how Americans experience and relate to policing.

This special collection includes research from nonprofits, foundations, and university based research centers, who have not only described and documented the issue but who also provide much-needed recommendations for addressing this chronic and tragic problem.

Children and YouthCivil SocietyCommunity and Economic DevelopmentCrime and SafetyEducation and LiteracyLGBTQIGovernment ReformHuman Rights and Civil LibertiesImmigrationPrison and Judicial ReformRace and Ethnicity

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This new ACLU white paper, "Bullies in Blue: Origins and Consequences of School Policing," explores the beginnings of school policing in the United States and sheds light on the negative consequences of the increasing role of police and links it to both the drivers of punitive criminal justice policies and mass incarceration nationwide. The report traces a line back to the struggle to end Jim Crow segregation during the civil rights movement, and challenges assumptions that the function of police in schools is to protect children. It posits that police are police, and in schools they will act as police, and in those actions bring the criminal justice system into our schools and criminalizing our kids.

We reviewed 10,753 complete case records, consisting of cases between 2011 and 2014, from the San Francisco Public Defender's Office. These data were stored in the Public Defender's GIDEON case management system, which draws from data maintained by the San Francisco County Superior Court's larger case management system database. Unlike previous studies that rely solely on arrest and conviction data, these records cover the entire pretrial process, providing a richer portrait of the experiences of defendants in the criminal justice system. These data can help policymakers and stakeholders understand whether racial disparities exist in the outcomes of San Francisco criminal cases, including cases resolved by plea bargains , and how bargaining affects disparities in other areas of the criminal justice system, such as corrections. Where disparities were seen, we sought to understand them and to evaluate what changes could be made to ensure that similarly situate d individuals receive equal and race - neutral treatment in the criminal justice system. Such information could assist the Public Defender, the San Francisco District Attorney, the San Francisco Police Department, and other criminal justice stakeholders to ensure equitable treatment of all San Franciscans.

Native youth were three times as likely to be incarcerated as white youth, according to data collected in October 2015 by the Department of Justice and recently released. The disparity has increased since 2001 when Native youth were roughly two-and-a-half times as likely to be detained or committed to juvenile facilities.

While a large majority of Americans rate police officers positively on a 0-to-100 "feeling thermometer," whites and blacks differ widely in their views, including among Democrats, according to a Pew Research Center survey conducted in August.

Despite long-term declines in youth incarceration, the disparity at which black and white youth are held in juvenile facilities has grown. As of 2015, African American youth were five times as likely as white youth to be detained or committed to youth facilities.

While 68% of white Americans have a favorable view of the police, only 40% of African Americans and 59% of Hispanics have a favorable view.1 Attitudes have changed little since the 1970s when 67% of whites and 43% of blacks reported favorable views of the police. 2 Racial minorities do not have monolithic attitudes toward the police. This report finds that Hispanics' perceptions of police occupy a "middle ground" between black and white Americans' views.

In August 2013, a federal judge found that the New York Police Department (NYPD) had engaged in a widespread practice of unconstitutional and racially discriminatory stops and frisks and ordered a collaborative, joint remedial process (JRP) to develop a set of reforms that will help bring the NYPD's stop-and-frisk practices into compliance with the Constitution. The judge highlighted the importance of getting this input, writing at the time, "No amount of legal or policing expertise can replace a community's understanding of the likely practical consequences of reforms in terms of both liberty and safety." The JRP ensures that communities who have been directly affected by these practices will have direct input into shaping the future of stop and frisk in New York. The JRP was envisioned to solicit ideas for additional reforms from communities most impacted by stops and frisks. In addition to community stakeholders, the process will involve the City, members of law enforcement, local elected officials, organizations with expertise in policing and criminal justice attorneys representing the plaintiffs. This process echoes a similar process successfully implemented in Cincinnati, Ohio over a decade ago to address systemic abusive and biased policing practices. Guiding this process is the court-appointed Facilitator, Hon. Ariel Belen.

The work of law enforcement involves countless and risky low-visibility duties. Over the last three years, however, members of the public have brought increased attention to incidents of police-community conflict, violence, and misconduct, sparked by several high-profile deaths of people of color, many of them unarmed, during seemingly routine police encounters. These incidents—many of which were captured unfiltered on video and widely disseminated—have resulted in scrutiny of police officer behavior and, in particular, have reignited a debate over the extent to which police may use deadly force against civilians. At the same time, killings of police officers in New York City, Dallas, and Baton Rouge increased concerns about officer safety. Concerned that eroding public trust impedes relationship-building with the community, 34 states and the District of Columbia enacted at least 79 bills, executive orders, or resolutions in 2015 and 2016 to change some aspect of policing policy or practice—a marked contrast to the relatively few laws related to policing that were passed by states between 2012 and 2014.

Independent consultant and former U.S. Magistrate Judge Arlander Keys released his first semiannual report pursuant to the 2015 investigatory stop and protective pat down agreement between the City of Chicago, Chicago Police Department and the ACLU of Illinois.

Vermont is perceived to be a political outlier in the United States. It was the first state to outlaw slavery in 1777. And in our more recent history, Vermont was one of the first states to legalize civil unions and to push (unsuccessfully) for a single payer health care system. When it comes to race relations, it is assume d that Vermont is equally liberal and as result, racial bias towards people who are Black and Hispanic, evident in other parts of the country, should largely be absent here. This paper investigates that assumption. In particular, the authors analyze police traffic stop data to assess the extent, if any, of racial disparities in policing. This task is made possible by legislation passed in the Vermont House that required police departments to begin to collect traffic stop data by race as of September 2014.

This fact sheet provides data on the effect of "stop-and-frisk" on crime in New York City, updating an earlier Brennan Center analysis. Stop-and-frisk was a police practice under which officers stopped and searched citizens, allegedly without the reasonable suspicion required for these interventions. Concerns about the program first arose under Mayor Rudy Giuliani, during William J. Bratton's first tenure as police commissioner. After growing slowly in the early 2000s, stop-and-frisk began to rapidly increase in 2006, when there were 500,000 stops citywide. By 2011 the number peaked at 685,000. It then began to fall, first to 533,000 stops in 2012. Stop-and-frisk became a central issue in the 2013 city mayoral race because of a concern that the program unconstitutionally targeted communities of color. The program's supporters disputed this, insisting that stop-and-frisk was essential for fighting crime in such a huge city. In August 2013, federal district court judge Shira Scheindlin found that stop-and-frisk was unconstitutional. The stop-and-frisk era formally drew to a close in January 2014, when newly-elected Mayor Bill de Blasio settled the litigation and ended the program. Given this large-scale effort, one might expect crime generally, and murder specifically, to increase as stops tapered off between 2012 and 2014. Instead, as shown below, the murder rate fell while the number of stops declined. In fact, the biggest fall occurred precisely when the number of stops also fell by a large amount — in 2013.

This paper explores racial differences in police use of force. On non-lethal uses of force, blacks and Hispanics are more than fifty percent more likely to experience some form of force in interactions with police. Adding controls that account for important context and civilian behavior reduces, but cannot fully explain, these disparities. On the most extreme use of force – officer-involved shootings – we find no racial differences in either the raw data or when contextual factors are taken into account. We argue that the patterns in the data are consistent with a model in which police officers are utility maximizers, a fraction of which have a preference for discrimination, who incur relatively high expected costs of officer-involved shootings.

The Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement (the Panel) was established as an advisory body to the San Francisco District Attorney in May 2015 in the wake of revelations that 14 San Francisco Police Department (SFPD) officers had exchanged numerous racist and homophobic text messages. Over a one-year period, the Panel examined a number of different aspects of the SFPD to try to develop a comprehensive understanding of the issue, interviewing more than 100 witnesses and reviewing thousands of public documents. The result is this report. Its findings and recommendations strive to give credit where credit is due, but point to several unmistakable conclusions: the SFPD is in need of greater transparency; lacks robust oversight; must rebuild trust with the communities it serves; and should pay greater attention to issues of bias against people of color, both officers and members of the public. In short, the Panel concludes that the SFPD is in urgent need of important reforms.

The current report examines racial disparities in use of force across 12 law enforcement departments from geographically and demographically diverse locations and reveals that racial disparities in police use of force persist even when controlling for racial distribution of local arrest rates. Additionally, multiple participating departments still demonstrated racial disparities when force incidents were benchmarked exclusively against Part I violent arrests, such that Black residents were still more likely than Whites to be targeted for force.

Young people of color are leading the response to recent instances of gun violence. Young people do not all experience gun violence at the same rate nor do they feel its consequences evenly. Our research on young adults between the ages of 18 and 29 years old highlights the very different experiences young people have with guns, gun violence, and policing across racial and ethnic groups.

Law enforcement agencies across the United States are facing claims that they discriminate against community members of color. Inquiries into these claims typically take one of two approaches: either attack the agency for intentional racism, or deny the presence of racial disparities altogether. Yet neither of these approaches has yielded adequate progress toward many agencies' stated mission of serving their communities with fairness and respect. Taking a different approach, the City of Oakland engaged our team of Stanford social psychologists to examine relations between the Oakland Police Department (OPD) and the Oakland community, and then to develop evidence-based remedies for any racial disparities we might find. Since May 2014, our team has undertaken five research initiatives. We describe our research methods, findings, and recommendations in Strategies for Change: Research Initiatives and Recommendations to Improve Police-Community Relations in Oakland, Calif. We provide a technical report of our main research initiative, a thorough analysis of OPD stop reports, in Data for Change: A Statistical Analysis of Police Stops, Searches, Handcuffings, and Arrests in Oakland, Calif., 2013-2014.

The report summarizes the findings of the Oakland Police Department (OPD) reports on officer's self-initiated stops data analysis, discusses four other research initiatives, and lists 50 recommendations for improving police-community relations. The authors indeed uncovered evidence that OPD officers treat people of different races differently. At the same time, the authors found little evidence that disparate treatment arose from explicit racism or purposeful discrimination. Instead, the research suggests that many subtle and unexamined cultural norms, beliefs, and practices sustain disparate treatment. The findings also suggest 50 evidence-based actions that agencies can take to change department cultures and strengthen police-community ties.

In national research, self-reported marijuana use is similar across races, but in New Orleans, black people are disproportionately arrested for marijuana offenses, including simple possession. While some states have legalized marijuana in recent years, the consequences for marijuana possession in Louisiana remain severe—under state law, repeated convictions for simple possession are punishable by multi-year prison sentences. This report illuminates through quantitative analysis the persistent racial disparities in marijuana policing from 2010 to 2015, and discusses the impacts of statutory and policy reforms the city has implemented to date. Through these findings, the report aims to guide state and local policymakers toward further improvements to lessen the harm even seemingly minor police encounters inflict on black communities, and inspire other jurisdictions to examine their own practices.

African Americans are incarcerated in state prisons across the country at more than five times the rate of whites, and at least ten times the rate in five states. This report documents the rates of incarceration for whites, African Americans, and Hispanics in each state, identifies three contributors to racial and ethnic disparities in imprisonment, and provides recommendations for reform.

Prior research indicates that (perceived) group threat measured in terms of population shares and race-specific crime rates are important explanations for variations in police killings across cities in the United States. The authors argue that a diverse police force that proportionally represents the population it serves mitigates group threat and thereby reduces the number of officer-involved killings. The findings represent one of the first analysis of a highly relevant contemporary issue based on a recent and high-quality dataset from 2013 to 2015. By highlighting the interaction between group threat and the proportional representation of minority groups in police departments, the research advances group conflict and threat theories with important theoretical and policy implications for law enforcement and representative bureaucracies more broadly.

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